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She told parliament on Wednesday she stood by her advice that she was eligible for parliament as she had take all steps required to renounce her British ties.

"It is however clear to me that the government has decided that I should be referred, despite having full access to all of my legal advice and expert reports for the past two days," Senator Gallagher said.

"In light of this and conscious the attacks on my legitimacy to sit as a senator will continue to be used by my opponents, I have formed the view that my situation be considered by the High Court, despite the lack of any legal advice indicating I have a problem that warrants referral."

Labor Senate leader Penny Wong moved the court referral, noting that the coalition attacks on her colleague "will not stop".

However she said the party had "compelling evidence" Senator Gallagher was qualified to sit.

Senator Gallagher stood aside from her frontbench portfolios and as manager of opposition business in the Senate.

Attorney-General George Brandis told parliament the government did not reflect on the integrity of Senator Gallagher.

"We do, of course, reflect upon the integrity of the leader of the opposition, Mr Shorten."